Innovative Enforcement of Trademark and Copyright Infringement by LVMH

What to do when the trademarks and copyrights of your luxury products are infringed by Chinese companies that sell these products online to, for example, U.S. consumers. You can go after the source: using Chinese customs, the administrative, criminal or litigation routes. Another innovative way is to go also after the U.S. company that leases […]

China’s Supreme People’s Court Will Tell You How Safe Safe Harbours Are

Photo RnechesMain entrance Supreme People’s Court Beijing The writers versus Baidu case triggered the Supreme People’s Court to draft a judicial interpretation of online copyright, and can be expected this year. A refinement of the Regulation on Protection to Network Dissemination of Information, is welcomed. Hopefully the Supreme People’s Court will succeed in making the principles […]

Tim Smith’s Guest Blog: Taobao Online Infringement Case

星期二 = Tuesday Photo Danny Friedmann Taobao.com, the popular Chinese e-commerce platform, has appealed against a verdict handed down by a Shanghai court in late March that it should pay compensation of RMB 10,000 (around GBP 950) for its failure to take sufficient steps to prevent a vendor selling counterfeit products on its platform. The […]

Writers versus Baidu: Does Baidu “Know” What It Is Doing?

When people outside the field of intellectual property rights strike a conversation with you about something related to IP you know it has caught the public imagination. 50 Chinese writers united in the ‘Publishing World Anti-Baidu Infringement Coalition’ have written an open letter on March 15 in which Baidu was accused of making available via its Wenku site […]

Online infringement and ISP liability

The IP Dragon hasn’t been seen for 2 weeks now. IP Komodo wonders if his cousin might return soon and is worried about the mess, especially since IP Komodo tends to leave the remains of his lunch lying around… Some interesting online IPR news IP Komodo has spotted: Chinese authors accuse Baidu, China’s biggest search […]

Turn of the Screw For E-Commerce Platforms: Circular on Regulating Sales Promotion of Online Shopping First Step

Take notice Taobao, Alibaba and all other Chinese e-commerce sites. January 5, 2011, the Ministry of Commerce (MOFCOM) promulgated a Circular on Regulating Sales Promotion of Online Shopping (商商贸发[2011]3号) for the commerce authorities (in all provinces, autonomous regions, municipalities directly under the central government, cities specifically designated in the state plan and the Xinjiang Production […]

Keep the May Calendar Free For IP events in Hong Kong and Macao

IP Dragon’s friend Anselm Kamerman Sanders of Maastricht University organised this time two interesting events in Hong Kong and Macao. The events are organised by the Institute for European Studies of Macau and Maastricht University Faculty of Law. For the Hong Kong leg it is co-organised by the Chinese University of Hong Kong. Annual Professional […]

What Is the Superlative of Contributory Liability?… Local State Supervision Liability?

Managing IP magazine, had a link to an interesting China Daily article, see here in which a State Administration for Radio Film and Television (SARFT) official was quoted as saying that it is “working on the establishment of an internet audio-visual programs industry association (..)”. The application has been submitted and it now waiting approval […]

Just Sue Them! Nike Went After One End User For Ordering Chinese Counterfeit Trainers Via The Internet

Nike International Limited (Bermuda), Nike European Operations Netherlands BV and Nike UK Limited sued Mr E. Bateman for buying counterfeit trainers via the internet, in the England and Wales Patent County Court (served August 26, 2010 and heard October 11, 2010). “The goods had been shipped from unknown exporters in China and were to be […]